Finally! Indigence, Amnesty rules approved for Driver Responsibility Program

On this blog I more frequently play the role of critic than cheerleader, I told the Public Safety Commission today during their public comment period, but this morning I showed up at the commission's monthly meeting with pom poms (figuratively) in hand to praise them for approving the new Indigence and Amnesty rules for the Driver Responsibility Program on their consent agenda. (See the rules here.)

As a reminder, these rules pertain to civil surcharges added by the Legislature in 2003 on top of criminal penalties for driving with no insurance, no license, or while intoxicated. While criminal fines for these offenses are paid in a single shot, the surcharges are owed over three consecutive years, which is why as a practical matter they mostly go unpaid. The result has been devastating, with more than a million drivers losing their licenses and courts reducing charges against drunk drivers to avoid the excessive fees. Since 2004, the total surcharges collected came to $767 million, while the total uncollected exceeds $1.1 billion.

I basically went to the meeting today to say "thank you." To give credit where it's due, I've rarely seen a state agency governing body as engaged on an issue as were the five commissioners at the Texas Department of Public Safety. Not only are they all well-informed on the subject, they even overruled staff to insist that an Amnesty program be created along with the Indigency rules, something I've seldom seen in all my years working on criminal justice topics (an earlier version published in the Texas Register failed to include an Amnesty provision). While the final result didn't include all the changes I might prefer, the commission was extraordinarily responsive to public input and the final rules are nearly as strong as I could have hoped for when this blog petitioned the agency for rulemaking last summer.

I should also take this opportunity to say "thank you" to Amanda Marzullo and the Texas Fair Defense Project who worked with me on this endeavor every step of the way, not to mention all the Grits readers who submitted comments or attended the public hearing on the rules.

As PSC Chairman Allan Polunsky said today, ultimately the Legislature needs to revisit (and IMO abolish) the surcharges, but these new rules are a significant step and may even help force the issue onto the the Legislature's agenda next spring.

I know a lot of readers have questions about when and how Amnesty will be granted or how Indigency applications will be processed. As I understand it, those decisions have not all been made yet, but I'll keep y'all informed as more information becomes available.

MORE: A press release from DPS includes this description of the programs approved:

Driver Responsibility Program changes approved

The Texas Public Safety Commission adopted proposed changes to the Driver Responsibility Program rules during their meeting today. The adopted rule will be published in the Texas Register as a final rule in November, and will consist of the following reduction programs:

The Amnesty program:

· Will apply to individuals who have been in default, and the Department will determine the time in default for each amnesty period
· Will reduce amount to 10 percent of total surcharges owed, not to exceed $250
· Will rescind suspension for those who receive amnesty while payments are being made

The Indigency program:

· Will apply to individuals at or below 125 percent of poverty level, using a sworn affidavit
· Will reduce amount to 10 percent of total surcharges owed, not to exceed $250
· Will rescind suspension for those who receive indigency while payments are being made

The press release adds that "The programs will be phased in over several months, with the Amnesty program being implemented during tax season. The Indigency program will be implemented immediately after the Amnesty period ends."

The press release also reminds me that I should have mentioned the new rules include provisions for an "incentive" program aimed at drivers currently paying their surcharges. However, because of the potential fiscal impact, the agency won't immediately be implementing that part of the rules. Instead, the "Incentive program will be evaluated for implementation" in the future.

In a way, it's unfair that noncompliant drivers get a break while those who paid are still on the hook, but that's a function of the politics of the current budget crunch: Half the money from surcharges goes to the state's general revenue fund, and budget folks from the Governor's office feared the incentive program might reduce overall income. By contrast, the state wasn't getting any money from indigent drivers or those who'd already defaulted and lost their drivers licenses, so for the Indigence and Amnesty program the budget impact wasn't a big concern.

OTOH, for the million-plus Texas drivers who've defaulted on their surcharges and lost their driver licenses, the new rules will be a godsend. I'd like to see the agency implement the Incentive program sooner than later, but I also know better than to look a gift horse in the mouth.

See related Grits posts:

• DPS Director: No public safety benefit from Driver Responsibility Surcharge
• Amnesty, Indigency rules for Driver Responsibility Program finally published
• Prosecutors altering charging decisions to avoid Driver Responsibility surcharge
• Driver surcharge boosting Texas joblessness
• Unexplored costs from DPS surcharge harm safety, the economy
• Driver Responsibility surcharge 'devastating' for court system
• Bill author says 'overly punitive' Driver Responsibility surcharge a 'mistake'